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1. The Defendant and the Defendant (Counterclaim Plaintiff) jointly and severally possess KRW 1,144,046,849 and KRW 184,752,030 among them.
Reasons
A principal lawsuit and counterclaim shall be deemed to be combined.
1. Facts of recognition;
A. The Plaintiff is the clothes and textile manufacturers and distributors, and the Defendants are clothing retailers.
B. On June 1, 2015, Defendant B registered his/her business with the trade name “C” and operated his/her personal business entity (hereinafter “C”) and transferred his/her business to Defendant C Co., Ltd. (hereinafter “Defendant C”) on October 31, 2018.
C. From the year 2017, the Plaintiff arranged and supplied clothing products to C, such as half-bluging area and raging area, and received the price of goods from C. On January 19, 2018, the Plaintiff drafted a contract for the supply of goods (hereinafter “instant contract”).
C did not pay from the price of the finished goods in May 2018.
① The Defendants asserted that: (a) the Defendants were not obligated to take over the goods at the latest 184,752,030 won out of the unpaid amount of 248,495,830 won for May 2018; (b) the Defendants were not obligated to take over the goods at the latest 374,113,079 won on June 10, 2018; (c) the date of settlement; (d) the Defendants were not obligated to take over the goods at the latest 10-year factory from July 2018 to September 10, 2018; and (d) the Defendants were not obligated to take over the said goods at the latest 20-year factory from August 2018; and (e) the Defendants were not obligated to take over the goods at the latest 194,709,120 won until September 10, 2018; and (e) the Defendants were not obligated to take over the goods at the latest 20-year price for the goods (30-year 2010,7018.